Gov & Administrative Law Questions & Answers

Q: Can a warrant for arrest be issued for a property code violation in Wisconsin?

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Wisconsin on
Answered on Jan 23, 2018

Municipalities issue arrest warrants when fines are not paid. That is legal in Wisconsin and many other States.
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Q: How do I file a court order in the US to change my name on my birth certificate if I am now a perm resident of Mexico?

1 Answer | Asked in Family Law, International Law and Gov & Administrative Law for Oklahoma on
Answered on Jan 22, 2018

Since you're a resident out of the country, it gets complicated. Ordinarily a change of name needs to be filed in the County in which the person resides. See 12 OS Sec 1631 http://www.oscn.net/applications/oscn/deliverdocument.asp?id=94759&hits= , which provides as follows:

Any natural person, who has been domiciled in this state or who has been residing upon any military reservation located in said state, for more than thirty (30) days, and has been an actual resident of the county or...
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Q: foster kid (dep/neg) ran aways after 17, got caught with drugs & ran away again. what happens when she turns 18?

1 Answer | Asked in Gov & Administrative Law and Juvenile Law for Tennessee on
Answered on Jan 22, 2018

If she was charged with a delinquent offense, she can face juvenile court consequences until she is 19. If she wasn't charged, she still could be. She should contact an attorney to see if the charges can be resolved. She should also know that anyone who is helping hide her from DCS could face criminal charges.
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Q: My question is this. Why is it legal for the DA to have a case dismissed on the 10th day and the state refile them again

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Criminal Law for California on
Answered on Jan 22, 2018

Ask your attorney. He is being paid to answer these questions.
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Q: counsel decides not to move forward with the case and doesn't answer 3rd party complaint, what is outcome

2 Answers | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for California on
Answered on Jan 19, 2018

Not enough facts are posted to understand what is happening here.
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Q: I'm 19 years old in Florida. I received a handgun as a gift. Am I allowed to have it in my car for self defense?

1 Answer | Asked in Gov & Administrative Law, Securities Law and Criminal Law for Florida on
Answered on Jan 18, 2018

Yes. See Florida Statute 790.25 (5):

"POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits...
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Q: I had a building in my name for just over 2 months last year. I decided to transfer it back to the previous owner.

1 Answer | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Intellectual Property for New York on
Answered on Jan 13, 2018

Not responsible for taxes. You cannot get rent unless the lease says you can collect. The whole thing is weird though, and the reason for the transfers could be an issue for income and gift taxes.
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Q: Real estate closing cost Error ? Who's responsibility

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Answered on Jan 11, 2018

This could be a fraud, so double check. You are responsible for any tax. Withholding is a prepayment, not a tax, which you calculate when you file. If $1000 is the issue, you are probably going to have to pay it.
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Q: What is the difference between state indictment and federal indictment?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Utah on
Answered on Jan 7, 2018

Outside of the obvious that one is for State Court and one is for Federal Court, is there a deeper meaning to this question?
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Q: What can I do if the DCS says that I failed a drug test. But when my Dr. did a blood test it came back negative.

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Family Law for Tennessee on
Answered on Jan 4, 2018

You should hire an attorney to represent you. If you had another drug test that came back with a different result, then the court and DCS need to know. If you had custody of the children or want custody of the children, then you really need a lawyer to help you.
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Q: I’m am a permanent resident. Motorcycle are a huge part of my life, will joining a motorcycle club affect my status?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Answered on Jan 4, 2018

Thank you for your question.

If you are interested in being a naturalized citizen you will have to disclose all clubs, groups and affiliations on the application.

If you have questions about a specific group, please call my office for a free consultation.
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Q: If I leave US by dropping my F1 study program, will I have any problem re-entering US?

1 Answer | Asked in Gov & Administrative Law and Immigration Law for California on
Answered on Jan 4, 2018

Not necessarily, as long as you leave according to the terms of the visa.
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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Civil Rights and Personal Injury for District of Columbia on
Answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will be likely to be thrown out. For example if you sue because within the past 3 years that person ran into you with their vehicle that would be OK. If your claim is that 5 years ago the person improperly...
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Q: If a person was caught Eluding an officer why would the inmate website for that county state the charge as being Escape

2 Answers | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Answered on Jan 3, 2018

Are you sure you were not charged with escape? If you weren't, contact the court clerk about the error.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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Q: is there a provision in California statutes by which a municipality is required to indemnify police officers

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Answered on Dec 29, 2017

Not clear what this is in regard to? For costs of defense? Please reframe. If you are an officer, the relevant FOP unit or it's attorney could answer your question.
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Q: Can I be tape recorded buy a diaper bag in my home during visitation?

1 Answer | Asked in Civil Litigation, Family Law, Criminal Law and Gov & Administrative Law for North Carolina on
Answered on Dec 29, 2017

Diaper bags do not record anything but if you are referring to a recording device placed or concealed in the diaper bag - then obviously, yes.. But it is likely the real question you want to ask isn't whether you can be recorded by a device in a diaper bag but rather whether such a recording is legal. To answer that, where you live is irrelevant - where the recording was made is what's relevant. If the recording was made in North Carolina, as long as at least one of the parties on a taped...
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Q: Question about "Customer Appreciation Giveaways"

1 Answer | Asked in Consumer Law, Business Law, Gaming and Gov & Administrative Law for California on
Answered on Dec 22, 2017

Just avoiding the use of the words “raffle” and “sweepstakes” doesn’t help your situation one way or the other. The law would look at the way the contest operates. If people have to buy something in order to get a chance to win, it’s generally considered a lottery, which only the state can do. That’s why contests almost always say people can fill out a form and enter with NO PURCHASE NECESSARY. You can have people come into your store to fill out a form, so at least you get them...
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Q: Can a 34 year old date a 18 year old who is a senior in high school in the state of Texas?

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Family Law for Texas on
Answered on Dec 19, 2017

That depends on whether or not the 34 year-old is a teacher.
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Q: If a parolee is obtained for new charges and can bond out, but has a hold for absconding and cant bond out. Whats Why??

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Arkansas on
Answered on Dec 18, 2017

There is not enough information to tell you everything but generally, once a parole reoffends, the PO will revoke his probation and keep him in jail. The parolee now has the new charges and then the revocation. If the new charges are not too bad, the PO will keep him in jail for a month maybe less then release him. If the parolee can't stay out of trouble, he will be sent to the TVP (Technical Violator Program) for a few months.

No one will speak with you because you are not a lawyer...
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Q: What can I do to continue to collect monies from the US State Dept. re. Holocaust survivor/France US Treaty after denial

1 Answer | Asked in Gov & Administrative Law and International Law for Florida on
Answered on Dec 16, 2017

If you are the personal representative of their estates (appointed by a probate court), your attorney should review the applicable treaty, and pertinent State Department regulations, to see if there are grounds for appeal of the denial. Why are they denying continued payments?
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